injury lawyer Litigation

Legally, it is the procedure which allows you to claim compensation for your losses and injuries. Your injury attorney will build strong evidence in your case, including eyewitness testimony in the form of defendant statements, expert witness opinions.

Your lawyer will then begin to file your lawsuit. Once the defendant has responded then the case goes to an inquiry stage known as discovery.

The Complaint

Before a lawsuit can be filed, an injured party (plaintiff) must conduct pre-lawsuit discovery. This involves studying the police accident reports, conducting informal discovery, and identifying potential at-fault parties.

The plaintiff then has the option of filing an accusation and summons. The complaint outlines the harm caused by the defendant's or his inaction. It typically contains a request for compensation for medical expenses as well as lost income, suffering and other damages that result from their injury.

The defendant has 30 days to respond, which is also referred to as an answer. In this response, the defendant is able to admit or deny any allegations made in the complaint. They can also file a counterclaim or add a third-party defendant to the suit.

During the discovery phase during the discovery phase, both parties will share relevant information regarding their positions and evidence. This involves depositions (also called interrogatories) and written questions (also known as interrogatories) and requests for documents. This typically comprises the major portion of the litigation timeline. If there are settlement possibilities these will occur during this period. The case will then go to trial if there's no settlement. During this period the attorney will present your side of the story before a judge or injury attorney jury and the defendant will defend themselves.

The Discovery Phase

Discovery is a formal phase that allows you and your legal team to exchange information with the other party and collect evidence. This can include witness statements, details about your medical treatment and evidence of the losses you've suffered. Your attorney can also use several tools in discovery to help your case, such as interrogatories, requests for documentation and depositions. Interrogatories are written questions that require a written response as well as requests for injury attorney documents involve requesting all relevant documents that fall under the control of the parties. Requests for admissions require the other party to acknowledge certain facts. This could save time and money as lawyers do not have to prove these undisputed facts in court. Depositions are recorded interviews with witnesses in which your attorney can question them about the incident under oath. They will get their answers recorded and transcribing by a court reporter.

Discovery may seem like an uncomfortable, long and invasive process, but it's necessary to collect the evidence required to prove your injury lawsuit claim. During your consultation for free, your attorney can discuss the specifics of the discovery process. For instance, if you try to hide a prior condition that has caused your injury to worsen it could be discovered in the process of discovery and removed from your case.

The Negotiation Phase

The majority of cases involving injuries aim to settle a case through negotiations. This usually involves an exchange of back-and forth between your lawyer and that of the insurance company of the party responsible. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can assist you in deciding the amount of settlements you would like to seek and assist in negotiations.

One of the biggest challenges in settling an injury claim is that the amount of your damages which includes medical bills as well as lost income and future losses - can be a volatile factor. Your injuries could get worse over time, which could increase your losses in the future and decrease the value of your current losses. Your attorney will work to ensure that your damages are based on the current state of your injuries as well as an accurate prognosis for your future recovery.

Insurance companies typically attempt to limit the amount they pay by arguing about certain aspects of your claim. This could result in a delay in settlement negotiations. However your lawyer has strategies to assist you in overcoming these obstacles and achieve the best outcome for your case. In some instances, the process of negotiating an agreement can be a long process that can take months or even years. Numerous factors influence how long settlement negotiations be, but knowing what to expect will make the process less stressful and more effective for you.

The Trial Phase

While most injury cases are resolved through settlement negotiations outside of court, your lawyer may decide to take your case to trial if a satisfactory resolution is not attainable. This can be a difficult, expensive and time-consuming procedure. It also requires the jury to decide whether the defendant is responsible for your injuries, and how much money you will receive. Your lawyer must thoroughly investigate your case to understand the circumstances of your injuries, the amount of the injuries, damages and costs.

Your attorney will now call witnesses and experts and present physical evidence, including photographs or documents as well as medical reports. This is known as the case-in-chief phase. The defense attorney will summon witnesses to testify and argue for the reasons why the plaintiff should not be awarded damages. The judge or jury then decides on the evidence and arguments of both sides.

The judge will explain to jurors the legal standards that must be met in order to decide in the favor of the plaintiff or against the defendant. This is known as jury instruction. Each side then gives its closing arguments. If the jury fails to reach a consensus and the judge decides to declare a mistrial. In some rare cases appeals might be available if you're unhappy with the outcome of your trial.